Update on Tennessee Architectural Covenants
July 22, 2014
It appears that more cases involving homeowners and condominium owners associations are being litigated in Tennessee. This would make some degree of sense. There are more such associations. They are enforcing their covenants, and homeowners are testing the limits of such covenants. Another case involving a homeowners association was decided by the Tennessee Court of…
READ MORENuisance Provisions and the Enforcement of Covenants
June 6, 2014
Many CCRs and Master Deeds contain nuisance provisions. These seemingly innocuous provisions usually provide that: no unlawful noxious or offensive activities shall be carried on in any Lot or Unit, nor shall anything be done therein or thereon which shall constitute a nuisance or, in the judgment of the Board of Directors, unreasonably disturb others….
READ MORELeasing Restrictions/Prohibitions and Tennessee Associations
October 7, 2013
May a homeowners or condominium association restrict the leasing of property within the bounds of the residential development encumbered by the CCRs or Master Deed? This has long been an unanswered question in Tennessee. On January 30, 2013, the Tennessee Court of Appeals rendered a decision in The Preserve at Forrest Crossing Townhome Association, Inc.,…
READ MOREThe Impact of the Apiary Act of 1995 on Restrictive Covenants
August 5, 2013
We have dealt with some weighty topics of late on this forum. It is time to lighten the fare. Have you ever wondered whether the Tennessee Apiary Act of 1995, Tenn. Code § 44-15-101, et seq., supersedes or otherwise renders a recorded covenant in a CCR unenforceable? Aside from providing that a state apiarist shall…
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